Department of Transportation
Office of Project Development
Environmental Office
700 E Broadway Avenue
Pierre, South Dakota 57501-2586
605/773-3268 Fax: 605/773-6608
October 11, 2012
Amy Rubingh, Review & Compliance Archaeologist
State Historic Preservation Office
Cultural Heritage Center
900 Governors Drive
Pierre, SD 57501-2217
RE: BRO 8053(19) PCN H120 PERKINS COUNTY
Structure 2.5 W & 0.5 S of Bison over Thunder Butter Creek SN 53-212-300
Structure Replacement and Approach Grading
Transmit MOA
Dear Ms. Rubingh:
Enclosed for your review and signature are three copies of a Memorandum of Agreement between FHWA and the SD SHPO.
Please call if additional information is required.
Sincerely,
Ryan Huber
Environmental Project Scientist
Office of Project Development
(605) 773-3568
Enclosures
Department of Transportation
Office of Project Development
Environmental Office
700 E Broadway Avenue
Pierre, South Dakota 57501-2586
605/773-3268 Fax: 605/773-6608
October 11, 2012
Marion Barber, Environmental Specialist
FHWA – SD Division
116 E. Dakota St.
Pierre, SD 57501
RE: BRO 8053(19) PCN H120 PERKINS COUNTY
Structure 2.5 W & 0.5 S of Bison over Thunder Butter Creek SN 53-212-300
Structure Replacement and Approach Grading
Transmit MOA & 4(f)
Dear Ms. Barber:
Enclosed for your review and approval are three copies of a Memorandum of Agreement between the FHWA, the State Historic Preservation Office and SDDOT and three copies of the 4(f) Evaluation for the replacement of Structure No. 53-212-300 on the above project. SDDOT and SHPO signatures have been obtained.
After signing, please forward an executed copy to the Advisory Council on Historic Preservation and return a copy to me.
Sincerely,
Ryan Huber
Environmental Project Scientist
Office of Project Development
(605) 773-3568
Enclosures
2
Memorandum of Agreement
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION
AND THE
SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER
REGARDING
PROJECT BRO 8053(19) PCN H120 PERKINS COUNTY
Replace Structure No. 53-212-300 & Grade Approaches
WHEREAS, the US Department of Transportation, Federal Highway Administration (FHWA), proposes to provide financial assistance to the South Dakota Department of Transportation (SDDOT) for the replacement of Structure No. 53-212-300 over Thunder Butte Creek, the undertaking, (Map 1: Project Location), Federal Aid Project BRO 8053(19) PCN H120, Perkins County pursuant to 36 C.F.R § 800; and
WHEREAS, FHWA is the lead agency responsible for compliance with Section 106 of the National Historic Preservation Act; and
WHEREAS, the SDDOT has participated in the consultation and has been invited to concur in the Memorandum of Agreement (MOA); and
WHEREAS, the SDDOT has determined that the proposed undertaking, which will replace a single span 32 -ft. long steel girder bridge with concrete deck on Golf Course Road over Thunder Butte Creek, 2.5 miles west and 0.5 miles south of Bison, South Dakota, will have an Adverse Effect upon the bridge, a property which is eligible for inclusion in the National Register of Historic Places, and has consulted with the South Dakota State Historic Preservation Office (SDSHPO), pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act, (16 U.S.C. § 470f) (See Attachment 1: SHPO Adverse Effect Letter); and
WHEREAS,FHWA and the SDDOT have completed tribal consultation with the following tribes that have expressed an interest in projects lying within Perkins County: Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, Oglala Sioux Tribe, Sisseton-Wahpeton Oyate, Standing Rock Sioux Tribe, and Three Affiliated Tribes. No comment letters were received; and
WHEREAS, public consultation was considered during development of the project through the Statewide Transportation Improvement Plan (STIP), individual public agency consultation with the U.S. Fish & Wildlife Service, U.S. Corps of Engineers, Department of Game, Fish & Parks, Department of Environment and Natural Resources, and Archeological Research Center (ARC). No comments were received; and
WHEREAS, a Notice of Bridge Offering was not published due to construction of the bridge deck, removal of the concrete deck will result in considerable damage to the steel girders and will destroy the historic materials of the structure, and
WHEREAS, in accordance with 36 CFR. § 800.6(a)(1), FHWA has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii) (See Attachment 2: ACHP Response); and
NOW, THEREFORE, FHWA, SDDOT and the SDSHPO agree that the undertaking shall be implemented in accordance with the following stipulations, in order to take into account the effect of the undertaking on historic properties.
Stipulations
FHWA shall ensure that the following measures are carried out:
I. PHOTOGRAPHIC DOCUMENTATION
SDDOT will submit photographic documentation of the bridge to the SDSHPO. This will include either digital color OR 35mm black and white photographs that meet the National Register of Historic Places photograph standards. For digital photographs, this means photos that are at least 2000 x 3000 pixels at 300 dpi, saved as TIFF, submitted on CDs. For 35mm black and white photographs, this means using 35mm black/white film printed on black/white photographic paper. If submitting 35mm photos, both the prints and negatives should be submitted. Photographs shall minimally include full views of the bridge’s primary elevations, close-ups of any decorative, character-defining, or structural features, and general views of the bridge and its environs. Photographs will be labeled according to the SDSHPO’s naming requirements defined in the South Dakota Historic Resource Survey Manual. SDSHPO must approve the documentation prior to the demolition/alteration of the bridge. SDDOT will submit one set of photographs to the South Dakota State Archives for public use and reproduction.
II. EXISTING RECORD SEARCH
SDDOT will conduct a search for any existing reports, photographs, drawings, plans, or similar documents related to Bridge Number 53-212-300. The search will include, but is not limited to, any SDDOT or FHWA files, county or city government files, local historical society or museum files, or other repositories that may likely have records related to the bridge. SDDOT will submit a letter to SDSHPO documenting what repositories or files were searched.
III. EXISTING RECORD REPRODUCTION
If any publicly-available documents related to Bridge Number 53-212-300 are found while completing Stipulation II and those documents are not otherwise restricted by federal or state law, SDDOT will either submit the original, if possible, or one copy of those documents to the South Dakota State Archives for public use and reproduction. SDDOT will also scan any photographs (historic or more recent) of Bridge Number 53-212-300 found while completing Stipulation II and provide one set of scanned images to the South Dakota State Archives for public use and reproduction. Images will be scanned at 600 dpi, saved as TIFFs, and submitted on a CD.
IV. DURATION
This MOA will be null and void if its terms are not carried out within five (5) years from
the date of its execution. Prior to such time, FHWA may consult with other signatories to
reconsider the terms of the MOA and amend it in accordance with Stipulation VII below.
V. POST REVIEW DISCOVERIES
If potential historic properties are discovered or unanticipated effects on historic properties found, work will cease and SDDOT will notify the ARC and SDSHPO to determine the appropriate course of action.
VI. MONITORING AND REPORTING
Each year following the execution of this MOA, until it expires or is terminated, SDDOT shall provide all parties to the MOA a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in FHWA’s efforts to carry out the terms of this MOA.
VII. DISPUTE RESOLUTION
Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FHWA shall consult with such party to resolve the objection. If FHWA determines that such objection cannot be resolved, FHWA will:
A. Forward all documentation relevant to the dispute, including the FHWA’s proposed resolution to the ACHP. The ACHP shall provide FHWA with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, FHWA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. FHWA will then proceed according to its final decision.
B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, FHWA may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, FHWA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and the ACHP with a copy of such written response.
C. FHWA‘s responsibility to carry out all other actions subject to the terms of the MOA that are not the subject of the dispute remain unchanged.
VIII. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP.
IX. TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately amend per Stipulation VII. If within thirty (30) days (or another time period agreed by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories.
Once the MOA is terminated, and prior to work continuing on the undertaking, FHWA mast either (a) execute an MOA pursuant to 36 CFR Section 800.6 or (b) request, take into account, and respond to the comments of the SCHP under 36 CFR Section 800.7. FHWA shall notify the signatories as to the course of action it will pursue.
Execution of this MOA by FHWA, SDDOT and the SDSHPO, and implementation of its terms, evidences that FHWA has afforded the SDSHPO an opportunity to comment on Project No. BRO 8053(19) PCN H120 and its effects on historic properties, and has satisfied the requirements of Section 106 of the National Historic Preservation Act [16U.S. C. 470(f)].
SIGNATORIES:
FEDERAL HIGHWAY ADMINISTRATION
By: ______Date: ______
Environmental Specialist
SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER
By: ______Date: ______
State Historical Preservation Officer
CONCURRING PARTIES:
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
By: ______Date: ______
Project Development Engineer
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